Broadcasting Services (Digital Television Standards) Amendment Regulations 2007 (No. 1) (Cth)

Broadcasting Services (Digital Television Standards) Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 109

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Broadcasting Services Act 1992.

Dated 26 April 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

HELEN LLOYD COONAN

Minister for Communications, Information Technology and the Arts

1. Name of Regulations

These Regulations are the Broadcasting Services (Digital Television Standards) Amendment Regulations 2007 (No. 1).

1. Commencement

These Regulations commence on the day after they are registered.

1. Amendment of Broadcasting Services (Digital Television Standards) Regulations 2000

Schedule 1 amends the Broadcasting Services (Digital Television Standards) Regulations 2000.

Schedule 1          Amendments

(regulation 3)

[1]          Regulation 1.03, definition of commercial television broadcasting licensee

omit

, and licensee, mean

insert

means

[2]          Regulation 1.03, before definition of high‑definition television program

insert

HDTV quota:

(a)for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2A) of Schedule 4 to the Act; and

(b)for a national broadcaster — has the meaning given by subclause 37F (2A) of Schedule 4 to the Act.

HDTV quota period:

(a)for a commercial television broadcasting licensee — has the meaning given by subclause 37E (2) of Schedule 4 to the Act; and

(b)for a national broadcaster — has the meaning given by subclause 37F (2) of Schedule 4 to the Act.

[3]          Regulation 1.03, definitions of phase‑in day and phase‑in period

omit

[4]          Regulation 1.03, definition of SDTV digital mode

omit

[5]          Parts 2 and 3

omit

[6]          Regulation 4.01

substitute

4.01Reporting to ACMA

(1)A television broadcaster must give ACMA interim and consolidated annual reports in accordance with these Regulations.

(2)An interim report relates to a period from 1 January to 30 June (inclusive) in each year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

(3)A consolidated annual report relates to each full calendar year of the HDTV quota period, unless subregulation (4) applies to the television broadcaster.

(4)Interim and annual reports are required for the HDTV quota period in accordance with the table.

Item	If the television broadcaster’s HDTV quota period commences…	an interim report …	and an annual report …
1	on or before 30 June in a year but after 1 January in that same year	is required from commencement until 30 June in that year	is required from commencement until 31 December in that year
2	after 30 June in a year	is not required	is required from commencement until 31 December in that year

(5)If a HDTV quota period ends on a date other than 31 December, the broadcaster’s reports are to be submitted as if the period ended on 31 December of that year.

(6)A report must be given within 30 days after the end of the period to which the report relates, or within any longer period agreed to by ACMA.

(7)A report must set out the following information, for each month of the period to which the report relates:

(a)the total number of hours of high‑definition television programs transmitted by the television broadcaster;

(b)the total number of hours of high‑definition television programs transmitted by the television broadcaster in prime viewing hours;

(c)if the television broadcaster is a commercial television broadcasting licensee and 1 or more high‑definition television programs transmitted by the television broadcaster in the month contain archival material:

(i)the total duration of those programs; and

(ii)the total duration of the archival material; and

(iii)the maximum proportion of archival material contained in any of the programs transmitted in the month.

(8)A report must be in a form approved by ACMA.

[7]          Paragraph 4.03 (1) (a)

omit

after the television broadcaster’s phase‑in day

[8]          Schedule 1, 2 and 3

omit

[9]          Further amendments

Provision	omit each mention of	insert
Regulation 4.02	the ABA	ACMA
Paragraph 4.03 (2) (e)	the ABA	ACMA
Subregulation 4.03 (3)	the ABA	ACMA
Subregulation 4.03 (5)	the ABA	ACMA
Regulation 4.04	the ABA	ACMA

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See